Income from ancesstor property
rajesh
(Querist) 13 September 2016
This query is : Resolved
Hello Sir/Madam,
My Dad is collecting income from property(Property was inherited from predecessors). I have one elder brother & no Sisters.
My Dad is not giving me any accounts to the income and do not share details too. He is not giving any money to me. I'm unable to be live in hometown to take care of properties or to do any work. The property is still not divided between me, my brother and Dad.
Do I have Equal right to the income from inherited property? Is there a way I can force my father to give me some share of income?
Kumar Doab
(Expert) 13 September 2016
Inherited property may not necessarily be ancestral.
If the property is not ancestral and is self acquired no one including you have any forced share.
Raj Kumar Makkad
(Expert) 13 September 2016
Ancestral property cannot be divided during life time of your father and you even cannot force him to distribute its benefit among his own legal heirs hence better to amicably settle the family issues.
rajesh
(Querist) 14 September 2016
Sir, There are two properties. Property A and B.
Property A is ancestor property which was partitioned between my Grand father & his brother. My father being single child to my grand father, he got the possession. He gets income from this property and not sharing or even ready to reveal information many things.
Property B was bought by my grand father after my Father was married. There was no will or Gift from my grand father to my father.
Do I have right over these 2 properties for share and for income arise out of them? Sorry I didn't articulate well in my prior request.
Guest
(Expert) 14 September 2016
Mr. Rajesh,
Why do you feel that your father should give you account of his income?
You don't have any right even for a single penny of your father's income or the property during his life time, may that property belong to your ancestors.
Better be satisfied with your own ewarnings.
rajesh
(Querist) 14 September 2016
Dear Dingra Sir,
Property here is not bought by my Dad. The income from Ancestor property is many times more than my own earnings.
Thanks,
Rajesh.
Kumar Doab
(Expert) 14 September 2016
The experts have posted illustrated advise.
Try to settle amicably.
Serve your father and he may share by his sweet will.
Guest
(Expert) 14 September 2016
Mr. Rajesh,
You have not replied my question, "Why do you feel that your father should give you account of his income?"
By the way,what is the total earnings and in which shape of the so called ancestoral property?
Also, why do you believe that the property can still be labelled as an ancestral property and on what ground you are entitled to that when your father is still alive?
Also from which ancestor that property was inherited by your father, as you stated, "property was inherited from predecessors"?
In fact, what I understand, yours is merely an academic query, not a real problem.
rajesh
(Querist) 16 September 2016
I understand one thing from law point. Any income from Ancestor's property or Inherited property by my father, only my father have right to receive it. Not my Father's sons. Am I right?
It is all Rental income from houses which were built on my Grand father's property(my grand father got it as Partition from his parents). I gave 100% of money for initial construction of houses. Later using those rental incomes, My father constructed remaining houses. No more new construction done during last few years.
Out of overall Rental income today, 70% Rental comes from property where I invested in and I got no penny so far.
I was making lot of money in those days and gave away all my earnings to my father. Whatever I'm earning is hand to mouth - family has become big & my earning capacity also went down due to various reasons.
Hope you can understand my frustration and why I expect share from my father. All the savings of Rental Income goes to my brother through my father due to the way Relationship build over the years. My Relationship with my father is gone due to money matters.
Kumar Doab
(Expert) 16 September 2016
It was posted in th beginning that; 'Inherited property may not necessarily be ancestral.
If the property is not ancestral and is self acquired no one including you have any forced share."
You have posted that:
"my Grand father's property(my grand father got it as Partition from his parents). "
After partition the nature of the property might have changed to self acquired.
You may obtain mutation record with all link docs and show these to a very able counsel specializing in revenue/property/civil matters for a considered opinion.
"I gave 100% of money for initial construction of houses. Later using those rental incomes, My father constructed remaining houses. "
Hope you have the evidence to establish it and that you were to share the benefits.
Your own counsel can opine on the options and merits, after examining your record and inputs.
It is reiterated that such matters can be best resolved across the table,amicably.
Guest
(Expert) 16 September 2016
Mr. Rajesh,
I don't think you would have been able to discuss your proble proprly.
You have not yet clarified, who inherited property from which predecessor in heirarchy of legal heirs?
Noreover, any property does not remain as ancestral property, if already divided between the eligible legal heirs after death of the owner, which your father might have inherited in heirarchy.
Since these observations are according to your own description, which you might not have been able to bring forth proerly before the experts. So, get your documents and accounts examined by some local lawyer to get his advice how to proceed further in the case.
Raj Kumar Makkad
(Expert) 16 September 2016
You have clarified that during his lifetime, your grandfather had partitioned the property with his brothers. If that is true then that property lost its status of ancestral. As you father is the sole heir of your grandfather so that property which has come in the inheritance of your father is not ancestral and such property is called as personal property. Your father is free to use it as per his whims and wishes.
so far property B is concerned, the same also attains the similar status.
Now come to your incurring expenses in the construction of the buildings is concerned, the same was out of love and affection towards your family and now relationship in the family have become strained so the sole solution is to revive those sweet relations once again not showing lust for money (though your economic condition is worse these days, as per your further posting) rather for serving your parents. Let the bitterness ended. It may not happen in days rather may take months. Once this is done, hope the things shall get settled properly.
Unfortunately a new western theory is adopted by all of us to measure family in terms of money only rather this has very very meaning. You have no legal right to recover anything right now, however, morally you have major right. Give respect, get reward.
Guest
(Expert) 17 September 2016
Mr. Rajesh,
Love & affection begets every thing of elders in exchange of that emotional attachment. Once the thread of love and affection is broken, everything should be considered to have been lost from their side.
The thread of love & affection is never broken by the parents, but the attitudes of their children.
So, it is you, who have the need to review your own attitude towards your father and improve that in order to re-establish your mutual relations.
rajesh
(Querist) 18 September 2016
Thank you for all your inputs and guidance.
Guest
(Expert) 19 September 2016
You are welcome.
Kumar Doab
(Expert) 19 September 2016
You are welcome.
It si good to see that some authors do come back to thank the experts.
rajesh
(Querist) 19 September 2016
Once again thanks for your inputs. Let me summarize what I understand from above inputs
1.Grand fathers property(whether he bought by himself or got it via partition from Father) goes to his son/daughters as legal hires if there is no WILL.
2.The father can do whatever he wants to, as if he bought the property by himself.
3.The grand son/daughter have no right to property legally.
Guest
(Expert) 19 September 2016
Good understanding.
Rajendra K Goyal
(Expert) 24 September 2016
Agree with the expert P.S. Dhingra ji.
